Even though Daniel Giersch had filed paperwork to legally force his crazy ex-wife Kelly Rutherford to notify him before the birth of his baby daughter, she somehow forgot to do so when she went into labor yesterday.

When the Gossip Girl actress gave birth to the couple’s second child Helena late last night, tabloids were quick to note that Daniel had skipped out on the big moment. A source close to the businessman claims however, that Daniel didn’t personally decide not to go, he was simply just not notified. The source says,

She failed to tell him and instead he found out this morning on the Internet. He was robbed of an opportunity to be at the hospital when his child is born. He is sad and disappointed.

Daniel and Kelly, who have been embroiled in a bitter custody battle over their 2-year-old son Hermes for months, have already begun their war over Helena.   According to Daniel,

We are currently negotiating how often I am allowed to go to the hospital. The only thing the judge said in court last time is that I can see my daughter three times a week for one hour.